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(영문) 전주지방법원 2019.02.12 2018고단2122
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2018, around 21:44, the Defendant driven D E-car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.184% from the front of the drinking house in which it is impossible to identify the trade name in the Seocho-gu movable property zone at the time of Jeonjin-gu, Seoul to the front road located in the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident photograph;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture, even though the defendant had a record of two times or more due to drinking driving, was engaged in driving under the influence of drinking.

However, in comprehensive consideration of the facts against the defendant, the fact that there is no record of a crime exceeding a fine, the age of the defendant, drinking alcohol, the circumstances and results of the crime, and other various circumstances shown in the pleadings of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.

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